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Parker v. State

Defendant's allegation of juror misconduct did not fall within exceptions to the rule against verdict impeachment since the allegation did not involve extrajudicial and prejudicial information or non-juror interference.

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A grand jury indicted Adrian Parker, Dwayne Durham, and Jasper Heath for armed robbery and possession of a firearm during the commission of a crime.1 Durham and Heath pled guilty, and a jury found Parker guilty of the two offenses. He moved for a new trial on the grounds of insufficiency of the evidence, juror misconduct, and ineffective assistance of counsel. He also filed a motion for the release of juror information, which the trial court granted. The trial court denied Parker’s amended motion for new trial, and he appeals. We affirm.

1. Parker contends that the evidence is insufficient to support the verdict. On appeal from a criminal conviction, an appellant no longer enjoys the presumption of innocence, and we view the evidence in the light most favorable to the verdict.2 So viewed, the record contains the trial testimony of the victim, who stated that as she was walking across a shopping mall parking lot, a passing automobile suddenly stopped beside her. One of the three men in the automobile exited the rear passenger door and shoved a sawed-off shotgun in her face. During a struggle, the gunman knocked the victim to the ground, rendering her unconscious. Two individuals who were witnessing the incident testified that during the struggle, they saw the gunman grab the victim’s purse, then return to the rear passenger seat of the automobile. The automobile sped away. The witnesses gave police a description and partial license tag number of the automobile.

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